Nanak 25 December 2017

498a/DV Case

Hi, I married on 2010 and later on My wife filed 498a on 27Jul2014 and later DV case in Faridabad court.As per DV she is getting 10000 per month as maintenance since 2014. She is demanding 40 lakh which is huge amount to settle down the case and she have mentioned in her statement that they have spent 25 lakh in marriage as part of dowry and have given me 5lakh in 2011, 10 Lakh in 2013 by cash for my education n visa purpose which all r false as I m working since 2011 to till now in the same company and we returned all the dowry list items(apart jewellery) but they denied to take during IO process before charge sheet filed. Current stage of DV/498a case is evidence is about to close from my end. could anyone pls suggest how much time/dates argument/decision stage will take from here and how much fine court can be made as part of the decision?

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4 Replies

Nitish Banka (lawyer) 25 December 2017

No one can predict time it is better prepare your case and arguments with recent case laws..

Nanak 25 December 2017

Thank you Nitish for the reply. Judge is saying she want to close both pending cases 498a/DV as soon as possible that's why giving dates weekly. In DV evidence about to close from my end on next date and in 498a IO didn't come on last 4-5 dates and he is the last PW from prosecution side.. I would like to know how below: 1. How meany hearings can be happen for argument and thereafter for decision in both cases. 2. They didn't produce any evidence document apart from their false statement in the court while I submitted my all employee document as part of evidence. Can I be punished by court or only fine then how much?

Vijay Raj Mahajan (Advocate) 25 December 2017

Both are two different cases and to be decided independently. The DV case already order for her interim maintenance that may end up as final order for same amount for maintenance if she has no source of income proved on the record. As far S 498A IPC case is concerned if the PP has already closed his evidence followed by your evidence, the only stage of final argument exist followed by the order, where either you get acquittal order or held guilty of the offences charge-sheeted by the court.

Nanak 25 December 2017

Thank you Sir for the suggestion. She works in a beauty Parlor since last 2-3 years and she may not receive salary slip n joining letter for the same and she have mentioned in affidavit that she is fit n fine but do not work anywhere. For proving her employment which evidence can be valid in court? Like videos, photo or spy recording or any other.. Pls suggest